1. general
1.1 The offers of the Lessor are subject to change; the right of interim leasing is reserved.
1.2 The Lessor's terms and conditions shall apply exclusively to all transactions. These shall be deemed to have been accepted when the order is placed.
1.3 All rental agreements with the Lessor shall be concluded exclusively on the basis of the following General Terms and Conditions. They shall also apply to future rental contracts between the contracting parties, even if they are not expressly agreed again. Orders outside of pure rental contracts shall be treated as contracts for work and services within the legal framework.
1.4 The Lessor is obliged to deliver ordered rental goods of average type and quality.
The Lessor is entitled to replace ordered rental goods with equivalent or better rental goods if - for whatever reason - it is not able to deliver the ordered rental goods.
1.5 All information about the rental object, whether contained in brochures. All information about the leased property, whether contained in brochures, directories or documents of any kind, is - insofar as it concerns technical performance, operating characteristics or usability - non-binding, insofar as the individual details have not been confirmed in writing by the lessor.
2. rental periods / rental pricing / payment terms / credit note
2.1 The valid rental prices result from the respective current price list. The prices do not include costs for transport, installation, assembly, disassembly, cleaning, waste disposal or other services that go beyond the mere provision of the rental items.
2.2 Unless otherwise contractually agreed, the rental prices in the rental price list shall apply for three days including the day of delivery and pick-up. For rental period extensions, correspondingly adjusted rental period factors shall be used as a basis for the calculation.
2.3 As a rule, advance payment, strictly net, is agreed.
Special arrangements are described in writing in the offer or order.
2.4 Any resulting credits will not be paid out and must be offset against future open invoices or rentals. Exceptions can only be agreed in writing.
3. beginning of the tenancy
The rental relationship shall commence upon receipt of the order confirmation or signing of the rental agreement, unless a different time has been agreed between the parties in the rental agreement.
The rental relationship begins at the latest with the handover of the rental object.
4. deposit
The Lessor shall be entitled to demand a deposit in an appropriate amount before handing over the leased property. The amount of the deposit is based on the rental period on the one hand and on the value of the rental object on the other hand and secures all claims of the Lessor. The deposit secures both the rental price and the value of the leased property. The Lessor may satisfy its due claims from the security deposit already during the rental period. In this case, the tenant is obliged to increase the deposit amount back to the original amount. A set-off of the tenant with the repayment claim from the deposit against due claims of the landlady during the rental period is excluded. The Lessor is obliged to settle the accounts as soon as possible after the end of the tenancy and to pay the amounts not due.
Return deposit required for security purposes.
5. termination of the lease
5.1 The Lessee may terminate the rental agreement after receipt of the order confirmation and before taking over the rental object. In this case, the Lessee is obliged to pay the following distance sums depending on the time of receipt of termination:
5.1.1. 50 % of the net rent plus VAT at the statutory rate, if the termination takes place between the 59th and the 30th day before the commencement of the lease.
5.1.2. 75 % of the net rent plus VAT at the statutory rate, if the termination takes place between the 29th and the 10th day before the commencement of the lease.
5.1.3. 80 % of the net rental price plus VAT at the respective statutory rate, if notice of termination is given less than ten days before the start of the rental period.
5.2 Notice of termination must be given in writing. The Lessee reserves the right to prove a lesser damage on the part of the Lessor.
6. tenant's duty of notification/quality control
6.1 The Lessee shall immediately inspect the delivered goods for completeness and visible defects. The Lessee shall notify the Lessor of any defects in writing without delay, but no later than within a period of 48 hours.
6.2 The Lessee shall notify the Lessor of theft of rented property immediately after discovery.
7. duties of care and cooperation of the tenant
7.1 During the rental period, the Lessee shall be obliged to treat the rental object with care. In particular, he shall be obliged to maintain the rental object properly and professionally to the required extent during the rental period and to protect the rental object from access by third parties.
7.2 In the event of damage to the leased property, the Lessee is obliged to inform the Lessor immediately. If the Lessee is responsible for the damage, he is obliged to have the necessary repair work carried out by the Lessor at his expense.
The lessee is entitled to have the repairs carried out by a selected specialist company
if the repair can be carried out faster and more economically and the lessor has approved this in advance. In any case, the repair must be carried out exclusively using original spare parts.
7.3 If, during the rental period, third parties gain authorized or unauthorized access to the rental object or take possession of it by way of seizure, confiscation or on the basis of other rights, the Lessee shall be obliged to notify the Lessor either by fax or registered mail with return receipt without delay, but at the latest within three days of access, and to notify the third party or parties of the Lessor's ownership in advance.
7.4 If the Parties agree on a specific place of use for the Leased Property, Lessee shall not be entitled to move the Leased Property to another place of use during the Lease Term without Lessor's prior consent.
7.5 Insofar as the rented item, due to its technical conditions, requires certain maintenance in order to preserve the item or care in order to avoid dangers, the Lessor shall be entitled to obtain information about the obligations in this regard also during the rental period. The Lessor shall be obliged to give reasonable advance notice of any such inspection.
7.6 Insofar as claims of third parties (taxes, fines, etc.) arise from the proper or improper use of the rental object, the Lessee shall be obligated to indemnify the Lessor against any claims of third parties, insofar as a direct settlement against the requesting third parties by the Lessee does not or cannot take place.
8. exemption from liability for fire, burglary, theft and destruction of the rental object.
8.1 The Lessee is informed that the rented items are not insured against theft, damage or accidental destruction.
8.2 For its part, Lessee shall be obligated to insure the Leased Property to the same extent for the benefit of Lessor and hereby assigns to Lessor all claims arising from such insurance. The Lessor accepts the assignment already now.
8.3 Floor coverings will be charged to the customer at the new price if they are cut up at the customer's request or are so dirty that cleaning is no longer possible (chewing gum, grease, oils, sand, etc.).
9. return of the rental object
9.1 The Lessee undertakes to return the leased property, including any accessories, free of defects and cleaned at the agreed time. If the rental object is dirty, the Lessor may charge the cleaning costs to the Lessee.
9.2 If the delivery consists of a large number of individual parts or if complete inspection is not possible at the Lessee's premises (return transport by third parties), the Lessee accepts that the final inspection and damage assessment shall only take place at the Lessor's premises.
The tenant has the right to be present at this inspection. This must then be included in the
within 48 hours of arrival at the lessor's premises. If the Lessee does not make use of the possibility to be present at the inspection, he shall be bound by the Lessor's findings.
9.3 If the return of the rental object is impossible due to a circumstance for which the Lessee is responsible or if repair measures that become necessary exceed the current value by more than ten percent, the Lessee shall be obligated to pay the current value plus a replacement cost lump sum in the amount of 12.5 percent.
9.4 In addition, the Lessee is obliged to pay compensation for use for a maximum period of two weeks,
insofar as the Lessor proves that it could have rented out the Leased Property during this period.
9.5 Further claims for damages by the Lessor shall remain unaffected. The Lessee reserves the right to prove a lesser damage.
10. end of the lease
10.1 The rental relationship shall end upon expiry of a fixed agreed rental period.
10.2 The Lessor shall have an extraordinary right of termination if
- the Lessee is in default of payment of liabilities that are not merely minor within the meaning of Section 320 (2) of the German Civil Code (BGB),
- enforcement measures are carried out against the tenant,
- the tenant within the meaning of §§ 29 et seq. Bankruptcy Code ceases its payment.
- the Lessee uses the leased property in a technically damaging manner or in any other manner that is in substantial breach of contract, despite a warning from the Lessor,
- the Lessee leaves the rental object to third parties without authorization or moves it to a place not agreed in the contract.
11. delivery and collection
Delivery and collection by the lessor must take place punctually as agreed in advance. The lessor cannot be held liable for late delivery based on force majeure.
The delivery of the rented goods takes place at ground level directly behind the first door. The delivery route must be suitable for trucks (up to 40 t. / semi-trailer or truck with trailer) and free. If this is not possible, the lessee must inform us in writing before conclusion of the contract.
12. compensation
12.1 The Lessee's claims for damages due to the Lessor's fault during contract negotiations, positive breach of contract, tort and unforeseeable damage shall be excluded unless they are based on gross negligence on the part of the Lessor or its vicarious agents, the Lessor cannot exempt itself pursuant to § 138 of the German Civil Code (BGB) and, in the case of simple negligence, to the extent that the claims for damages do not relate to the breach of cardinal obligations (essential contractual obligations) and health damage is not the subject of the disputed claim.
and the assertion of claims under the Product Liability Act is not at issue.
12.2 The Lessor's liability shall be limited to the direct damage incurred in each case.
12.3 Any further liability of the Lessor shall only remain insofar as the damage is covered by a statutory liability of the Lessor or could have been covered by an insurer licensed to do business in Germany within the framework of general insurance conditions approved by the insurance supervisory authorities at premiums and premium surcharges in accordance with the tariff and not based on extraordinary circumstances and no case of exemption from performance by the insurer exists or would exist.
13. set-off and retention
The Lessee is only permitted to offset counterclaims or to assert a right of retention on the basis of such claims that are undisputed or have been legally established.
14. miscellaneous
14.1 Amendments and supplements to the contract must be made in writing. This shall also apply to the waiver of the written form requirement.
14.2 The place of performance and jurisdiction for all disputes arising between the contracting parties from the contract shall be the Lessor's place of business.